On the recordJune 22, 2000
I rise to commend the passage of the bipartisan Kennedy-Smith Amendment--the Local Law Enforcement Act of 2000. The Senate's consideration of this important measure was long overdue and its passage is one of the major civil rights victories of this century. We are all aware of the tragic deaths of James Byrd in Texas and Matthew Shepard in Wyoming. James Byrd was murdered because of the color of his skin. Matthew Shepard was murdered because of his sexual orientation. In the Byrd killing, the federal government could help. In the Shepard killing, the federal government could not help local law enforcement. Why? Because our current hate crimes statute is full of holes and desperately needs to be updated. Right now the federal hate crimes law does not cover disability, gender or sexual orientation. In addition, the federal government can prosecute only those crimes where the victim was chosen because he or she was engaged in a 'federally protected activity,' such as attending public school or serving as a juror. That is a very narrow basis on which to bring a lawsuit. Because Matthew Shepard was killed because he was gay, the federal government could not provide the resources Laramie, Wyoming's law enforcement so desperately needed. This is why our federal hate crimes law ought to apply whenever a hate crime occurs.
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